Telecommunications Law
Telecommunications Law
IMLA SAN FRANCISCO 2013
September 29, 2013
PRESENTED BY
Gail A. Karish
Of Counsel
Municipal Broadba...
Telecommunications Law
Is It Time to Think About Establishing
a Municipal Network?
Telecommunications Law
You are a Major Consumer of Communications
Telecommunications Law
And your Cable Operator Supplied
“Institutional Network” is….
(a) Nonexistent
or
(b) A thing of the...
Telecommunications Law
Your alternatives are limited
Typical jurisdiction has:
 One incumbent cable operator
 One incumb...
Telecommunications Law
Your communications needs
are growing
Telecommunications Law
Your budget is tight
Telecommunications Law
Your planning is…
Dispersed
among different departments
AND
Incremental in approach
•
Telecommunications Law
AND,
you want affordable broadband
to attract
residents and businesses
to your community
Telecommunications Law
You Need A Game Plan
Telecommunications Law
authority
•Check state law
 At least 18 states have laws that restrict or prohibit
outright munici...
Telecommunications Law
inventory
• existing communications assets and systems
 transit system fiber
 Smart Grid (utility...
Telecommunications Law
consultation
• To ascertain:
 whether communications needs are being met
(government and the commu...
Telecommunications Law
evaluation
• Benefits/risks of “building” vs. “buying”
• Benefits can include:
 controlling your o...
Telecommunications Law
education
• Lots of service models out there to consider:
 Think about types of services
 Think a...
Telecommunications Law
collaboration
• Everyone is looking for more, faster, cheaper
communications services
• Collaborati...
Telecommunications Law
organization
• Organizational and operational structure
should be carefully considered up front
1) ...
Telecommunications Law
funding
• Be flexible and creative:
 Self-funding
 Federal
 State
 In-kind
 Private
 Crowd-so...
Telecommunications Law
RECAP
Authority
Inventory
Consultation
Evaluation
Collaboration
Organization
Funding
Telecommunications Law
thank you for attending
Gail A. Karish
Of Counsel
Best Best & Krieger LLP
Phone: 909-466-4916
Email...
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Municipal Broadband and Opportunities for Public-Private Partnerships

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Municipal Broadband and Opportunities for Public-Private Partnerships at 2013 International Municipal Lawyers Association Annual Meeting

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Municipal Broadband and Opportunities for Public-Private Partnerships

  1. 1. Telecommunications Law
  2. 2. Telecommunications Law IMLA SAN FRANCISCO 2013 September 29, 2013 PRESENTED BY Gail A. Karish Of Counsel Municipal Broadband and Opportunities for Public Private Partnerships ©2013 Best Best & Krieger LLP
  3. 3. Telecommunications Law Is It Time to Think About Establishing a Municipal Network?
  4. 4. Telecommunications Law You are a Major Consumer of Communications
  5. 5. Telecommunications Law And your Cable Operator Supplied “Institutional Network” is…. (a) Nonexistent or (b) A thing of the past (thanks to state franchising) or (c) At risk (provider offering “Managed Services” in renewal)
  6. 6. Telecommunications Law Your alternatives are limited Typical jurisdiction has:  One incumbent cable operator  One incumbent telephone company  A few CLECs/resellers  Four wireless companies
  7. 7. Telecommunications Law Your communications needs are growing
  8. 8. Telecommunications Law Your budget is tight
  9. 9. Telecommunications Law Your planning is… Dispersed among different departments AND Incremental in approach •
  10. 10. Telecommunications Law AND, you want affordable broadband to attract residents and businesses to your community
  11. 11. Telecommunications Law You Need A Game Plan
  12. 12. Telecommunications Law authority •Check state law  At least 18 states have laws that restrict or prohibit outright municipalities from offering broadband services •Check for restrictions on use of existing institutional networks
  13. 13. Telecommunications Law inventory • existing communications assets and systems  transit system fiber  Smart Grid (utility communications infrastructure)  Wi-Fi systems  public safety systems  radio licenses  Educational Broadcast Spectrum licenses  conduit
  14. 14. Telecommunications Law consultation • To ascertain:  whether communications needs are being met (government and the community); and  what investments in infrastructure are needed to meet current and future needs over the next decade • To help build community support for the investment  Using community needs assessment techniques (surveys, focus groups, interviews typical in franchise renewal processes) may be helpful.
  15. 15. Telecommunications Law evaluation • Benefits/risks of “building” vs. “buying” • Benefits can include:  controlling your own costs, technology and build out  the opportunity to generate revenue by selling excess capacity and/or becoming a wholesale or retail provider • Risks can include:  longer payouts  you are service provider  technology change  maintaining community commitment
  16. 16. Telecommunications Law education • Lots of service models out there to consider:  Think about types of services  Think about service models: • Self-provisioning • Government to Government • Wholesale • Retail (residential/commercial) • Open Access
  17. 17. Telecommunications Law collaboration • Everyone is looking for more, faster, cheaper communications services • Collaboration with other entities should be strongly considered  Public-private  Public-public  Public-institutional • Pooling resources – both financial and physical – can make a lot of sense
  18. 18. Telecommunications Law organization • Organizational and operational structure should be carefully considered up front 1) What is the appropriate legal entity and ownership/operational structure? 2) Is the entity and/or the services being offered subject to regulation? 3) How complicated is it to get access to public rights of way and towers? 4) What should be done “in-house”? 5) What contracting processes must be followed?
  19. 19. Telecommunications Law funding • Be flexible and creative:  Self-funding  Federal  State  In-kind  Private  Crowd-sourced • Building on existing infrastructure is an important cost savings strategy • Types of funding include for construction, planning, services
  20. 20. Telecommunications Law RECAP Authority Inventory Consultation Evaluation Collaboration Organization Funding
  21. 21. Telecommunications Law thank you for attending Gail A. Karish Of Counsel Best Best & Krieger LLP Phone: 909-466-4916 Email: gail.karish@bbklaw.com www.bbklaw.com

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